It has been said—somewhat obviously—that “all calories count.” But this is only part of the story. Unless calories can effectively be counted, they do not effectively count to those who wish to count them.
And a growing number of consumers are trying hard to count their calorie consumption, particularly for sugar-containing foods and beverages, and for good reason. Data from the Centers for Disease Control and Prevention in Atlanta (CDC), published in 2014, shows that more than one-third (34.9% or 78.6 million) of U.S. adults are obese. Obesity now affects 17% of all children and adolescents in the United States—triple the rate from just one generation ago. Obesity-related conditions include heart disease, stroke, type 2 diabetes and certain types of cancer, some of the leading causes of preventable death. The estimated annual medical cost of obesity in the U.S. was $147 billion in 2008 U.S. dollars; the medical costs for people who are obese were $1,429 per year higher than those of normal weight.
And, also per the CDC, obesity affects some groups more than others. Non-Hispanic blacks have the highest age-adjusted rates of obesity (47.8%) followed by Hispanics (42.5%), non-Hispanic whites (32.6%), and non-Hispanic Asians (10.8%). Obesity is higher among middle age adults, 40-59 years old (39.5%) than among younger adults, age 20-39 (30.3%) or adults over 60 or above (35.4%).
As reported by the CDC on Jun. 17, 2011, milk and 100% fruit juice are a source of water and provide key nutrients such as calcium and vitamin C. Other beverages, referred to as sugar drinks or sugar-sweetened beverages (SSBs), also are a source of water but have poor nutritional value. SSBs are the largest source of added sugars in the diet of U.S. youths, and the increased caloric intake resulting from these beverages is one factor contributing to the prevalence of obesity among adolescents in the United States. In the same report, the CDC noted that daily consumption of regular soda or pop, sports drinks, and other SSBs also is common in the high school student population, and that consumption of these beverages might be related to negative health outcomes. A recent meta-analysis found soft drink intake to be associated with increased energy intake and body weight, and with lower intakes of milk, calcium, and other nutrients. Among adolescents specifically, SSB consumption can contribute to weight gain, type 2 diabetes, and metabolic syndrome.
Barry Popkin, a nutrition professor at the University of North Carolina-Chapel Hill, purportedly one of the nation's top experts on beverage consumption, claims that the biggest single contributor to child and adult obesity in America is sugar-sweetened beverages. Reportedly, Americans derive about 7% of their calories from sugar-sweetened soda. And while all calories may count, (if counted and countable) the New England Journal of Medicine has reported that not all calories count the same. The increase in consumption of sugar-sweetened beverages among both adults and children in the United States and other countries is a potential contributor to the obesity epidemic, and sugar intake from sugar-sweetened beverages alone comprises the largest single caloric food source in the United States. Caprio, Sonia, Md., “Calories from Soft Drinks—Do They Matter?” N Engl J Med 2012; 367:1462-1463. Some studies have suggested that the risk of obesity among those with genetic predisposition for obesity rises in proportion to how many sugary drinks the person consumes. Other studies suggest that high-fructose corn syrup, used to sweeten soft drinks, may increase body fat to a greater degree than sugar as it is found in nature. As Dr. Sanjay Gupta reported on CNN: “[T]he scientific community has . . . reached a consensus that soft drinks are the one food or beverage that's been demonstrated to cause weight gain and obesity. And if we're going to deal with this obesity epidemic, that's the place to start.”
Despite such evidence, the FDA does not currently require that food and beverage cups filled and served, for example, at fast food restaurants, food courts, sporting events, and other locations often frequented by children and adolescents, as well as those demographic populations most prone to obesity, display either on the food or beverage dispensing machines or the containers into which the food or beverage products are dispensed, a calorie count, a sugar count, or any other attribute of the food or beverage, as is required for identical foods and beverages sold in prepackaged containers, which are required by the FDA to clearly display Nutrition Facts labels providing such information. It is somewhat ironic that the FDA requires a Nutrition Facts label to be displayed on a 7.5 ounce mini can of Coca-Cola, but not on a 48-ounce “Big Gulp” poured from a fountain dispenser, containing the identical beverage, with six times the amount of calories and sugar.
Even leaders in the soft drink industry have come to the realization that they need to do more to combat the obesity crisis. Companies that purchase and sell such products to consumers have also taken notice, and have publicly committed to take steps to fight the obesity epidemic. Those that are sincere in such promises, for example, Chik-Fil-A, post calorie count menus at the point of sale, and offer menus containing calorie counts for free to consumers. But such efforts, as well meaning as they may be, are not entirely effective. In some cases, the menus only display the calorie count, not the sugar count, or only display the calorie count for a small serving size, not all serving sizes. And such efforts do nothing to address the trend of consumers to customize their food and beverage choices, for example, by mixing different soft drinks to create a customized blend, or to take into account calorie or sugar count variability from one serving to the next, due to differences in serving size, fill height, or the presence or absence of ice in a beverage container.
Methods, systems, and apparatus designed to address some of these issues are disclosed in co-pending U.S. patent application Ser. No. 14/335,855, filed Jul. 18, 2014 and incorporated in its entirety by reference herein. That application discloses, inter alia, displaying in real time a virtual Nutrition Facts label for food and beverage products as they are being dispensed and/or at the conclusion of a dispensing operation and/or dispensing a label disclosing such Nutrition Facts at the conclusion of the dispensing operation. The label may be configured with an adhesive or otherwise may be capable of being attached to or printed directly on a container for the food or beverage product.
Occasionally, however, a consumer may not wish to consume the entire portion of a food or beverage product contained in a bottle, can, cup, aseptic package, or other container. In such cases, the consumer may be left to guess or estimate how much of a food or beverage product has been consumed, how many calories have been consumed, how much sugar has been consumed, and how much of each remains in the container. While such estimation may be possible in a clear container with straight walls, such that, for example, the consumer might approximate when half the product has been consumed, such estimation is far more difficult for opaque containers, such as drink boxes, or containers without straight side walls, such as a Coca-Cola® contour bottle, or opaque cups with ice and outwardly flaring side walls, or for containers into which ice has been dispensed.
Containers with printed indicia thereon and containers having labels with indicia thereon to indicate the quantity of product contained within the container are well known. For example, U.S. Patent Application Publication No. US 2011/0049180 A1, published Mar. 3, 2011 and incorporated in its entirety by reference herein, teaches printing a plurality of machine readable and other indicia on a vessel intended to receive a beverage. U.S. Patent Application Publication No. US 2013/0025529 A1, published Jan. 31, 2013, discloses a label with a viewing window including measurement information displayed on the label to enable doses of products such as medicine to be measured. U.S. Patent Application Publication No. US 2014/0027502 A1, published Jan. 30, 2014, discloses a polystyrene cup with measurement markings formed therein or printed thereon, such as may be used by a consumer of coffee to determine how much milk or cream to add to the coffee.
But there remains a need in the art to more readily provide consumers of food and beverage products, whether pre-packaged or dispensed, to determine the quantity of calories, and other ingredient attributes of the food or beverage product contained in, dispensed into, and/or consumed from the container in which such products are held. There is also a need for consumers of carryout food products, whether from a pizza parlor, fast food restaurant, or food/salad bar, to be able to readily determine the Nutrition Facts of the food or beverage product they have purchased.
As consumers become more savvy and educated about the foods and beverages they consume, they also expect more clarity and more information concerning the ingredients, attributes, Nutrition Facts, and the relative food/beverage “quality” from a health and nutrition perspective of the food and beverage products they purchase and consume. For this reason, a number of smart phone apps, including “Lose It!” and “Fooducate” have become popular. These apps allow consumers in a grocery store, for example, to use their smart phone to scan bar codes on a packaged food or beverage product an receive data via the app such as Nutrition Facts, a food or beverage “grade” or “rating,” and food or beverage options and alternatives that may have a better “grade” or “rating.” But there is currently no method, system, or apparatus known to the inventor hereof that permits a consumer to readily receive, at the point of purchase or consumption, Nutrition Facts and/or a Nutrition Facts label for customized blends of food and/or beverage products, such as may be created at health food and other outlets that prepare, for example, smoothies, shakes, frozen yogurt blends, and other food and beverage products to order and for immediate consumption.
As used herein, the term “food or beverage product for immediate consumption” is intended to mean an immediately consumable food or beverage product, which is a food or beverage product that is packaged or placed in a container, but is not shelf-stable, rather, is prepared with the intent that it be consumed within a short period of time after being prepared, generally about 24 hours or less, and including but not limited to beverages served through distribution channels where consumers buy beverage fountain products, to be consumed mainly away from home.
As used herein, “fountain equipment” means equipment used in retail outlets to dispense beverages into cups or glasses for immediate consumption.
As used herein, “at-home fountain equipment” means equipment primarily used at home, office or otherwise away from a retail outlet to dispense beverages into cups or glasses for immediate consumption or sealed containers for future consumption.
As used herein, “future consumption” means a distribution channel where consumers buy beverage packages comprising multi-packs and larger packages and packaged food products from supermarkets and discounters which are not consumed on the spot.
As used herein, the term “ingredient attribute” of a product, such as a food or beverage product, means an ingredient-specific quantity relating to the product, in the case of a food or beverage product, selected from the group comprising number of calories, and amount, by weight or % daily value, of sugar, added sugar, sugar alcohol, sodium, total fat, saturated fat, trans fat, polyunsaturated fat, monounsaturated fat, cholesterol, potassium, total carbohydrates, fiber, dietary fiber, protein, vitamins, and minerals, and excluding quantity of the food or beverage by weight or volume.